SC to decide on excommunication case

SC to decide on excommunication case

Subject : Polity

Context : Supreme Court (SC) said it will examine whether the excommunication of the Dawoodi Bohra community’s members can be continued.

Concept

As per the Bombay Prevention of Excommunication Act, 1949, which first sought to prevent excommunication, the practice was defined as the “expulsion of a person from any community of which he is a member, depriving him of rights and privileges                 which are legally enforceable by a suit of civil nature”. This act was later repealed, and a legal challenge has been posed to the practice.

The act was challenged  for the constitutional validity of the act in 1962, stating it violated fundamental rights guaranteed in the Constitution under Article 25 (Freedom of conscience and free profession, practice and propagation of religion) and Article 26 (Freedom to manage religious affairs). The SC held in 1962 held that the excommunication is an essential part of the community and the power to excommunicate is to enforce discipline and preserve the denomination, not to punish. thereby giving protection for the practice. The court said on Tuesday that it would consider whether the practice protected by the 1962 constitutional bench order can continue.

DawoodiBohras?

• The DawoodiBohras are members of the Muslim community’s Shia sect. Their leader is known as the Al-Dai-Al-Mutlaq. For over 400 years, the leader has been based out of India, including the current and the 53rd leader, His Holiness Dr SyednaMufaddal According to the members, around 1 million members of the community are spread across the world.
• Leader of the community is recognised by the members as having the right to excommunicate its members. In practice, being excommunicated includes not being allowed to access a mosque belonging to the community or a burial dedicated to the Among those who have faced excommunication in the past were people who contested the headship of the leaders.